Deferred Action Process – Frequently Asked Questions

 

What is the Deferred Action policy?

Deferred Action is a process through which deportation of certain individuals will be deferred. This process does not grant lawful status in the United States but will allow individuals who are considered to be of low-priority for immigration enforcement, to remain in the United States for a period of two years.

 

What are the benefits of the Deferred Action policy?

A person who is granted deferred action for a two year period will not be deported and will not be placed in removal proceedings. You may also file an application for employment authorization at the same time, while you apply for deferred action. Deferred action may be renewed at the end of the two year period.

 

What is the age requirement to apply for deferred action?

You may be eligible for this process if you are above age 15. If you are below age 15, you may request deferred action, if you have a final deportation order or if you are in deportation proceedings and if you are not in immigration custody. If you are above 31 years of age, your request for deferred action may not be considered.

 

What are the general requirements to request deferred action?

Education

You must be a school student or a high school graduate.

Military Service

You must be an honorably discharged member of the US armed forces.

Residence

You may apply if you had entered the United States before your 16th birthday. You must have stayed in the United States continuously from June 15, 2007 till date.

 

When can I send an application requesting deferred action?

USCIS has announced that the process will be implemented on 15th August, 2012. You may send a request any time after the process in implemented.

 

Will I receive deferred action if I had committed a felony?

You may not be granted deferred action, if you had committed a crime or three or more offenses. Request of individuals who pose a threat to the country’s security which includes gang membership or participating in activities that are against the United States, may not be considered.

 

May I travel outside the United States before or after filing an application for deferred action?

If you travel outside the United States after the implementation date, August 15, 2012, you may not be eligible for deferred action. If you are granted deferred action by the USCIS, you may travel outside the United States, if you receive advance parole from USCIS. If you are in deportation proceedings and if you leave the United States before you are granted advance parole, you will be considered inadmissible into the United States and it will be considered that you had voluntarily removed yourself from the United States.

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